Can I
plea bargain down my DUII to a different or another lesser charge?

In Oregon, plea bargaining DUII charges
is not allowed. ORS 813.170. Many states do allow pleading
to a reduced charge on a drunk driving charge. Washington and
California are two examples. Oregon does not allow this option.
However, Oregon does have a
diversion program which other states (other than Kansas) do
not offer.

PLEA AGREEMENT

ORS 813.170
Plea agreement prohibited.(1)
Notwithstanding ORS 135.405 to 135.445, a person charged with the
offense of driving under the influence of intoxicants shall not be
allowed to plead “guilty” or “no contest” to any other offense in
exchange for a dismissal of the offense charged. No district attorney or
city attorney shall make any motion and no judge shall enter any order
in derogation of this section. This section does not prohibit diversion
as provided under ORS 813.200.

(2) Notwithstanding ORS 135.881 to 135.901, a person charged with the
offense of driving under the influence of intoxicants shall not be
allowed to enter into any program of supervised performance or diversion
except as provided under ORS 813.200. [1983 c.338 §382; 1999 c.1051
§294]

Websites, including this one, provide
general Oregon DUI information and processes but do not
provide legal advice or create a lawyer / client relationship. General
information cannot replace legal advice specific to your case, problem, or
situation. Consult qualified Oregon attorneys for advice about any
specific problem or DUI charge that you have. Oregon
attorneys are governed by the Oregon Code of
Professional Responsibility. This website
may be considered an advertisement
for services under the Code. Information contained in this website
is believed to be accurate but is not
warranted or guaranteed in any way. ORS 813010.